AustLII Tasmanian Consolidated Acts

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SUPREME COURT CIVIL PROCEDURE ACT 1932 - SECT 16

Causes and matters to be brought before single judge

(1)  Subject to the provisions of this Act and the Rules of Court , all causes and matters within the jurisdiction of the Court which is subject to this Act which are not required by –
(a) this Act;
(b) the Rules of Court ;
(c) any Commonwealth Act;
(d) any Imperial Act passed after the commencement of this Act, or any Order or Rule of Court made under any such Act; or
(e) any Act of the Parliament of Tasmania passed after the commencement of this Act, or any Order or Rule of Court made under any such Act –
to be heard and determined by a Full Court shall be heard, determined, and disposed of by a single judge in accordance with the provisions of this Act and the Rules of Court.
(2)  Subject to the provisions of this Act, the trial of –
(a) all actions; and
(b) all issues and questions of fact (whether in a cause or a matter) tried with a jury –
which are not ordered to be tried at bar shall be held before a single judge sitting in court as a court.
(3)  Subject to the provisions of subsection (1) of section 15 and subsection (2) , and the Rules of Court , all the jurisdiction of the Court which is subject to this Act may be exercised by a single judge, whether sitting in court or in chambers.
(4)  A single judge, whether sitting in court or in chambers, shall have and may exercise, with respect to any cause or matter brought before him in accordance with the provisions of this section, all the powers and authorities of the Court, and with respect to any other cause or matter the jurisdiction conferred by section 12 , and such other jurisdiction, powers, and authorities of the Court as the circumstances may require to be exercised.



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